look at all that news we had today. tomorrow regis philbin is back on television. we'll ask him about this picture right there, one of the greatest moments in his life. a young brian kilmeade. [ laughter ] see you. martha: a chilling story out of oklahoma. two teenagers charged with murder, a third with accessory. 22-year-old christopher lane on a baseball scholarship in oklahoma, he's from australia. the teenagers admit they did it. listen as they try to save this young man. >> they are on the way.

they can't company faster. martha: we have more on that 911 call. we are going to talk about this story. it's compelling and very unnerving. gregg: a military judge says she'll announce sentence for bradley manning this morning. her decision expected about an hour and a half from now. bradley manning was convicted of giving hundreds of thousands of classified documents to wikileaks while he worked as an intelligence analyst in iraq. the 20-year-old facing up to 90 years in prison. the prosecutor asking for at least 60 years. manning apologizing for what he has done and he asked for the

judge's mercy because he had a difficult childhood. martha: new details on the nsa surveillance program. the "wall street journal" says the nsa can spy on 75 per of all internet traffic. gregg: 75% of all web traffic. that is an enormous number. while it's supposed to only track foreigners. the "wall street journal" revealing the nsa sometimes keeps e-mails sent by u.s. citizens. martha: we have heard a couple of bombshells. how is this story different? >> reporter: the program edward snowden made public

called prism is detailed in this morning's "wall street journal" involve pursuant to the requisite court orders the filtering and gathering of information at the major telecoms companies generated exclusionily between and among innocent u.s. citizens. >> the nsa thinks of collection as the related review. acquisition is different from having an analyst review it and that's when the collection takes place. those bizarre definitions allow the nsa to and secure what's going on even though they are saying the right words. >> reporter: americans will be pleasantly surprised to learn that up to 25% of u.s. traffic

isn't being collected by nsa. martha: that central issue he hits on whether it's a gathering or whether they take a look which the president suggested people should be concerned about this. are these major internet providers handing over the e-mails and web history to the government? >> some telecom companies are more judicious than others. just a few of minutes ago we received a statement from a spokesperson for the nsa. it says, nsa's signal intelligence mission is centered on defeating foreign adversaries who aim to harm the country. the statement concludes it's not

either/or, it's both. i want to know who gets to name these programs, prism, blarney, asparagus. gregg: what kind of information, really, is the government getting here? it's called metadata. basically it's data about the data. they can collect the phone number of and serial number of those phones. they can note the time of the conversation. web searches and who you e-mail is also collected but not the contents of those e-mails. according to edward snowden it's happening all day every day. martha: a suspect this custody after charging into a georgia elementary school with an

assault rifle. as these terrified children run out into decatur, georgia. fortunately a school employee managed to talk him down as police moved in they say 20-year-old michael brandon hill shot at them. nobody was hurt. as you can imagine, the parents were terrified have you * we didn't know anything. they kept saying turn around, turn around. i got out of the car and tried to walk. once they told us the kids were okay, go to walmart we could get the kids there. martha: look at these smiling kids coming back in the school bus. these parents feared it could be like newtown. on that day 26 students and employees were shot and killed. the children are back in school

today. classes aring held in a local high school instead. gregg: a new study on welfare benefits shows it pays more not to work in many states. welfare currently pays more than a minimum wage job in 35 states across the country. hawaii is at the top of the list. folks getting an unbelievable $29 an hour. that's pretax. and 20% of the meefdan salary. stuart varney is the host of varney and company. how can this be? >> reporter: what we are talking about is the welfare trap. why go out and find a job, why work if the value of that job is less than the welfare benefits

which the government will pay you by not working. this is a study from the cato institute. it's a libertarian institute. in 35 states welfare pays more than the minimum wage. in 13 states welfare pays more than $15 per hour. clearly that's a disincentive to work. it's an incentive to stay, claiming welfare benefits. the federal government has 126 separate benefit perhaps on top of state and local governments. you just gave out the numbers for hawaii. in d.c., washington, d.c., welfare benefits total $24 per hour. massachusetts, $24 per hour. connecticut, $21 per hour. this is the welfare trap. the more welfare, the greater the long-term unemployment. gregg: instead of flipping

burgers at mcdonald's it pays the to sit on the couch eating bonbons and watching tv. bill clinton reformed welfare and there was a work requirement. that has largely been done away with by the obama administration? >> yes, it has. the level of welfare payments has been phased up and the eligibility has been expanded. welfare trap. gregg: thanks very much. martha: we are just getting started. will paul bunyon help to sell obama-care? it will cost his of dollars in minnesota. they want to sign up $1 million. taxpayer dollars. will it work? and should it work? gregg: dozens of wildfires raging out of control pushing

our firefighting resources to the limit. martha: this young man out for a run shot and killed by teenagers. police say the suspects have told them they were just bored, looking for something to do. what leads to this kind of senseless act in america. coming up. >> is he talking to you right now? >> he's just oh, oh ... >> you just stay on the line with me right now, okay? grips the can... get glad forceflex. small change, big difference.

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martha: desperate 911 calls released in what police are calling a thrill kill. the thrill kill of a 22-year-old australian baseball player.

they have accused them of gunning down christopher lang quote for the fun of it while he was out for a morning jog. that's where he was found barely alive. >> i come back, he just fell over in the ditch. he come around the corner, he's been shot. tell them to hurry. >> is he talking to you have right now? >> no, he's just, oh, oh, making a noise. >> you just stay on the line with me. is he breathing? is he conscious? is he still breathing? >> barely. he said they are on their way. that's all i can tell you. they are on their way. martha: christopher's family is

of course devastated by their son's loss. view * lost something that's never going to be replaced. it takes a village to raise a kid, chris was a product of that. a fantastic village. >> reporter: dr. daniel bouber is a child analyst. you listen to this story and ask yourself what kind of world are we living in that these three kids sit on a porch and watch someone jog by and say let's get in a car and go shoot this man? what's going on. view * it's heartbreaking and hard to understand, but sometimes teens act in a way which makes no sense. they don't have the same degree of control or planning over their behavior that adults do. while that in no way absolves

them for this despicable crime. a lot of times they act on impulse and don't think it through. martha: i find that hard and i think a lot of people find it hard to understand. it makes you wonder what desense tases them to this point. -- what desensitizes them to this point. he's here from australia playing baseball. his american girlfriend had been with him for three weeks visiting his family over there. where is the lack of empathy coming from in these teenagers? view * there are certain individuals we call anti-social or sociopaths and those people don't have respect for human life. it's too early to tell if that's the case with these teenagers. but some of them did have a history of this type of criminal

behavior in the past. i'm not sure if something was wrong with their moral compass or where their partners were or if they were being supervised. martha: we don't know much about their families at this point. one of the boy's mother was very upset and couldn't believe her son would be capable of this. they want them to plead not guilty. they think there is more to this than we know. we are just beginning to scratch the surface. but the things that come to mind are video games, dysfunctional families, leadership, guidance, detachment that may be created by social media, playing games where you can kill people and it doesn't mean anything. do you believe those things are factors in any of this? >> in 2005 the supreme court case looked at the execution of

those under 18. those under 18 don't have the same cognitive capacities adults do. they don't have the ability to plan their behavior and exercise restraints. in terms of video games there are plenty of kids that grow up in good homes that play violent video games and they don't go out there killing people. as you said there are multiple factors that need to be addressed. martha: what concerns you. when you look at the world today, i thought of newtown when i thought of this story. that senseless aability to cut down the life of somebody who has done nothing to you. who is completely innocent. who had no impact on your life at all. it makes you worried and fearful about the future of the country and the kind of things we see happening, frankly. view * it makes me sad because in a lot of waives i feel we

have lost our way. we turn on the tv and see these times of crimes all the time. it's so many different things. it's the structure of our families. it's guns, it's the lack of mental healthcare. it's hard to pin it down on one thing but it is very, very sad. martha: doctor, thank you. good to have you here. many thanks. it's just a horrific brutal story. gregg: horrific developments out of syria. reports of hundreds of people dead including children in what rebels are calling a nerve gas attack. we are going to talk about the images that are so horrific we can't show them to you. martha: state department officials disciplined in the wake of the benghazi terror attack head back to work today. what lawmakers and family

members of the four americans killed in the attack are saying about where the investigation is next. >> what can i do on this? i'm just at a loss for words. ♪ turn around ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing good around ♪ ♪ turn around barry ♪ i finally found the right snack ♪ ♪ even in stupid loud places. to prove it, we set up our call center right here... [ chirp ] all good? [ chirp ] getty up. call me.

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martha: there is new reaction today from the families of the four men killed in the benghazi attacks after john kerry allowed staffers back to work after they had been placed on leave following the attack. the mother of one of the victims says she is very disappointed and very frustrated but she is

not surprised. >> i still see pictures on that tv of bloody fingerprints on the wall thinking, are those my sons. and people of the united states, hillary doesn't give a damn about you. i'm at a loss for word. i want to mow what happened. why my son is dead. who ordered that. and i don't want it to happen again to other people. martha: you can hear what's going on in her voice. she is so concerned about the lack of answers on this. the chairman of the oversight committee darrell issa says the fact that these staffers are back to work shows there is no benghazi investigation according to issa. he will be around the next hour, stick around for that. gregg: the prosecution in the

fort hood trial resting its case, now it's major nadal hassan's turn. he has the opportunity to present his side of the case if there is a side. when court gets underway at 10:00 a.m. eastern time hassan representing himself is accused of killing 13 people in a shooting rampage at fort hood. how do we expect his testimony to go. >> reporter: this is the moment everyone has been waiting for in this long awaited court-martial. because hassan is acting as his own lawyer this could get interesting. yesterday the judge told major hassan you must ask yourself questions if you class to testify. you are not allowed to make a statement. it must be in a q and a format. if he chooses to do so, that could be awfully bizarre to

watch. but taking the stand also opens him up to cross-examination by the prosecution. a lot of military law experts told me they would be surprised if this morning major hassan has chosen to put himself in that position. but this has been a court-martial full of odd behavior of the 42-year-old psychiatrist who asked very few questions of the 90 witnesses called by the government the past few days. if he passes and decides not to call witnesses then we move straight into closing arguments. gregg: who would he call as witnesses? any idea? >> reporter: we heard he had two on the list. one was an expert in radicalization and religion. but we learned he had taken one of his two witnesses off the list, no longer planned on

calling them to the stand and asking questions. and yesterday the plot thickened and hassan told the court he was not going to take the second person to the stand. but the judge still ordered both of those doctors to show up in case major hassan changed his mind this starts in 40 minutes and we'll learn quickly if major hasan will speak today. gregg: his defense has brand-new disallowed by the judge. we'll wait and see. we'll come back to you as soon as we get those developments. martha: two daycare workers are out of a job after posting pictures online mocking children in their care. nice, right? what they said that has the parents livid as you can understand.

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these pictures are absolutely incredible that we are getting today on this. that fire is burning dangerously close to yosemite national park. the flames threatening thousands of structures and destroying several homes. adam housley is live on this story in los angeles. adam, these pictures are incredible. >> reporter: there are 40 active fires burning across the west. those are ponderosa pines middle eastly near yosemite. it's on the rim of the park. it's threatening a lot of camps and cabins. but look at what firefighters are having to deal with. the conditions across the west are extremely dry. this is called a rim fire burning near yosemite. it shut down highway 120. limited access to much of this. 10,000 acres.

nearly 1,000 firefighters are on this fire. it's showing how difficult fire season has been here. not just california but the northwest is pretty good, too. martha. >> we talked about 10 states battling these fires. how are things going in the other places? >> reporter: from arizona to alaska is what the firefighters are telling us. it hasn't surpassed what we saw last year. but if we keep getting fairs like this and the dry lightning storms we are getting makes things different. in idaho there are a lot of large fires. the beaver creek fires 30% contained. 1,800 battling the beaver creek fire. weather helped them significantly. locals say they are appreciative of mother nature and the firefighters. >> reporter: the citizens gave us a giants card with numerous signatures and little kids traced their hands on it and

have written notes, thank you, firefighters for making us feel safe. >> reporter: fires burning across 10 western states. we have seen worse fires but we still have a ways to go in fire season. right now there are big fires burning in the west. it's extremely dry. we have santa ana wind season that hasn't come to southern california yet. martha: adam housley in los angeles. all these wildfires are putsing a strain on our firefighting resources. the national fire sr. in boy see increased the wildlife preparedness level. the center lists two idaho fires as the country's top priorities. the beaver creek fire forced the evacuation of 1,000 homes in the resort areas up near sun valley, idaho. it has cost $12 million so far.

gregg: new signs of an escalation of violence in syria. rebel groups claiming bashar al-asaad's regime has killed hundreds of people, some of the victims children in a gas attack near damascus. rebels exchanging gunfire with snipers in the syrian capital. the government calls those claims baseless, but of course they said that before. general jack keane served as the army vice chief of staff. i looked at the video. we cannot show most of it because it's so horrific. i can describe it. dead children, their eyes wide open. others struggling to breathe in the throes of death. convulsing.

it's just awful. is bashar al-asaad in your judgment likely using chemical weapons and doing so yet again because he knows threats not with standing from president obama there will be no consequences? >> absolutely. given those videos it's probably sarin gas. when he first used artillery against the population, no reaction. then attack helicopters, no reaction. then air power, no reaction. now he's using chemical weapons for the third or time. he uses these weapons because they have military value. they do kill people, but equally they are a weapon of terror and they intimidate the population. he's trying to break the will of the people supporting the rebel forces. gregg: russia, iran and

hezbollah are supporting assad yet the rebels are still there. >> one of the reasons i believe for this use of sarin gas the rebels are not going away. and he does not have the capability to defeat them. interesting enough in recent weeks the rebels made inroads into neighborhoods in damascus and have taken them. and i believe the correlation between that success the rebels have had in and around damascus and the use of these weapons as well. gregg: some in congress have been urging a no-fly zone the united states could participate in. also the use of missiles to degrade syria's military power. what else can be done to shift the momentum back to the rebels? >> if you look at it from a military perspective.

there are geopolitical consequences from any selection you select to use and all of them have adverse consequences. if you desire to shift the momentum back to the rebels and move in the direction of a favorable outcome. two things can be done. arm them with anti-tank and anti-aircraft weapons. not small arms which i believe the united states is doing. and conduct a limited standoff attack against syrian air force using primarily cruise missiles. you can take down his airfields. take down the infrastructure that supports air power and the resupply bases the russians and iranians use. you do both of those things from a military perspective the momentum shifts to the rebels. how much -- what they do with that and take advantage of that, what the outcome is as a result of that are all open questions. gregg: some have said this is

not our fight, the united states should not be involved. yet senator john mccain said this is not a humanitarian issue strictly. he says it's also a national security issue. if russia and hezbollah and iran succeed in keeping assad in power, that only emboldens iran and other groups of terrorists which threaten the united states. what do you think of that? >> i have agree with that. every time we take action in the middle east and act geopolitically we have to keep our focus on the mission. that's the iranian march to dominate the region. that's why they want nuclear weapons. syria is their number one ally. it's so extraordinary since the iranian regime came to power. for them to put boots on the ground to assist the syrian military. they are all in here because of

what this means to their desire to dominate the region. they need the anchor point of syria, it's their link to hezbollah, it's related to what's going on in iraq. this is the beginning of their domination. if syria falls and the rebels are able to take control, that's a strategic blow to the iranians. gregg: thank you see much. -- thank you so much. martha: a 5-year-old is hailed a hero for saving his father's life. he did not panic when his dad had a stroke hund the wheel in washington state. instead he grabbed the phone and called his mom who called 911 and the boy led police to his dad's location. the dad is said to be in stable condition. gregg: smart little boy.

tax dollars, millions of them used to sell obama-care. but did you know paul bunyon is going to be the pitchman? why this head scratcher of the ad is airing and the outrage isn't just about money. you need a girls' weekend and you need it now. ladies, let's goo vegas. cute! waiter! girls' weekend here! priceline savings without the bidding.

gregg: a big fight or kids' privacy right after a mom finds pictures of her son on instagram. the pictures reportedly posted without her permission by a daycare worker in virginia. the state is investigating that daycare center which is open while the' under review. >> your employees are making fun of children on instagram and i

want to talk to you to see what you think about this. did you see this? >> she has been fired and that's all i can say about it. gregg: turns out that particular daycare center has a long list of violations. martha: let's talk about healthcare as the obama administration is ramping up efforts to promote its healthcare law with an expensive ad campaign. the group is launching a newed a starring an iconic lumberjack figure known as paul bunyon. >> minnesota, land of 10,000 reasons to get health insurance. martha: it's a funny ad. i'll give you that.

estimates say $1 billion will be spent on healthcare ads in 2015. let's say that again. $1 billion will be spent to promote obama-care by 015. it's part of the move that promotes the law before it takes full effect. let's chat with alan colmes. and katie palette. i think the paul bunyon ad is funny. i'm not sure it's a billion dollars funny. does it strike you as excessive to spend this much money, a billion dollars in taxpayer dollars to let people know they should sign up for obama-care? >> it's being spent by the states but it's still excessive. martha: it's tax dollars. >> i believe they have have done a bad job in messaging in terms of explaining what obama-care is and what it represents. do you want to have no limit on

how much you can spend per year, you want no lifetime limit, you want affordability. you want no punishment for preexisting conditions. they have done a bad job messaging it. martha: what do you think about the paul bunyon ad. they are spending $9 million in minnesota to get $1.3 million people signed up. i think if you were running a business your return on invest -- on that would be sketchy. >> we are talking about taking people off of their employer based insurance and putting them onto the obama-care rolls. the states complain about obama-care and the cost of obama-care. but in terms of the ad, i think it's a misleading ad because you have paul bunyon doing extreme sports getting hurt in a way that's catastrophic.

but they don't mention that obama-care gets rid of catastrophic insurance plans. >> i think you are getting lot more by participating. by the way. the effort to get people to participate, the less money it costs everybody. we are subsidizing those people who don't are healthcare which is why the costs are so much. the idea is what mitt romney did in massachusetts was to get everybody into the system so the prices go down. going down in the exchange states where they instituted the exchanges nuke new york, maryland and california where the numbers are going down. martha: you have saw the numbers, up 4% which is a smaller increase than you have seen in recent years. the basic fact remains about getting young people in. they will be covered which mom

and dad until they are 6. why would they shell money out of their pockets to get covered if they will get covered when they get sick? view * young people like me aren't really interested in paying for health insurance. before obama-care passed you could get a decent health insurance plan that covered the things you noted. a couple trips to the doctor every year, and catastrophic insurance. but now we are seeing a wealth transfer getting majority of young people into the system to pay for the high medical cost. >> there is a wealth transfer now. those who have insurance are paying extra so when they go to emergency rooms they will be covered. that's the wealth transfer taking place prior to obama-care. martha: make sure to visit our brand-new politics page and sign up for the daily political newsletter. go to foxnews.com/fox news

first. i'm getting it early morning in mine and throughout the day as well. headlines throughout the course of the day. foxnews.com/fox news first. gregg: the benghazi investigation. while dale is a calls it -- why darrell issa calls it a charade. martha: a british tourist fighting for her life after a terrible accident happened just outside our studio yesterday afternoon. how dr. oz and a good a mar and may have saved this young lady's life. let's leave the deals to hotels.com. oh my gosh this is so cool... awesome! perfect! save up to 30% plus an extra 12% off with coupon...

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martha: embattled san diego mayor bob filner could see his support among fellow democrats waning. more than a dozen women including female military veterans and a great grandmother have come forward saying he made advances to them and sexually harassed them in some situation. he denies sexually harassing anybody. it was a quick one. just a week in therapy has done the trick according to bob filner. keeping it classy in san diego. gregg: dr. oz to the rescue. a british tourist is in critical condition this morning after a cab jump muched the curb here in

manhattan not far -- a cab jumped the curb here in manhattan not far from our studios. how did dr. oz get involved in all of this? >> reporter: he heard the accident outside his rockefeller center office. he rushed to the scene to find a woman badly bleeding on the ground. the accident is said to be the result of road rage between a messenger bicyclist and taxi cab. the british tourist was enjoying her first day in the city walking with her best friend and eating a hot dog. a i pizza-hot dog vendor grabbed

the severed foot and another made a tourniquet out of the dog leash. >> there was a dog leash and a belt. we were able to stop the bleeding because you don't have much time of. >> she was transferred to an area hospital. she is recovery and they may have had to amputate what's left of her foot. he's flying to new york to be by his daughter's side. gregg: there was also a nurse involved in all of that. this cab driver apparently has a bad track record. >> he has been involved in speeding, a crash that left one

person injured. luckily yesterday he wasn't carrying any passengers. martha: christians are fearing for their lives in egypt as churches and businesses come churches and businesses come under attack. too big. too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection.

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iraq. he is now facing up to 90 years behind bars but prosecutors are asking for 60 years. either way the 25-year-old will spend most of his life behind bars. martha: peter doocy joins us live from fort meade, maryland, where the announcement is expected to come down within minutes. huge case over the course of the last three years. peter, what's the latest there? >> reporter: martha, private first class bradley manning is inside the courtroom right now of we saw him arrive in a three-suv convoy about an hour 1/2 ago. now he is waiting like the rest of us to find out how long he will be in prison. the maximum possible sentence he could possibly get by the army judge, colonel denise lindh, is 90 years. 90 years for leaking 700,000 classified documents to the website wikileaks the united states government wants him to serve at least 60 years ago and their argument made recently by a prosecutor, captain joe more row is this.

it matters that he took an oath and knowingly broke it. the flipside, manning's defense lawyers say he is whistle-blower and they don't want him to do anymore than 25 years in jail. his argument made by his attorney david coombs, said this young man is capable of being redeemed. we should not rob him of his youth. manning last week stepped up and said he is sorry. he understands he paid a price. he said if he ever gets out of jail. once i pay the price i hope to live in a manner i haven't been able to in the past. i want to be a better person, go to college, get a degree and have a meaningful relationship with my sister, my sister's family and with my family. keep in mind, martha. manning is only 25 years old. if prosecutors get their way he will be in jail until he is 85. if the defense team gets their way he will be in jail only until he is 50. then he will be able to get out and start fresh. martha: if he gets one of those

lesser sentences in terms of the years, peter, is there a possibility that he could get parole or get out early on good behavior? >> reporter: yes, but he must first serve, martha serve at least one-third of that sentence. likely to be carried out at fort leavenworth in kansas. he will get 3 1/2 years of credit toward whatever the number is, the big number his sentence we're waiting to find out today for the time served between his arrest and his judgment day which is right now. the whole media is finding out the verdict in a room about 200 feet away from me. there is no cell phone service. there is no internet service. as soon as it is handed down and the court recessed, our producer kristin brown will run it out to me and we'll give it to. >> we'll be live as soon as we can, peter. a fascinating case and an important moment. peter, we'll talk to you later. gregg: the sentence could happen any moment.

let's bring in cully simpson, former secretary of defense for detainees, heritage foundation. you're a lawyer by profession. officer in the jag corps. you're eminently qualified to talk about this. how much discretion and latitude does this judge have and what would you expect from her today? >> in this case as in all military justice case, almost all of them, there is mo mandatory minimum. she could literally sentence him to no punishment up to 90 years and dishonnable discharge. the defense asked for 25. government asked for 60, typically the judges sentence within the range offered by both sides. gregg: look, he offered a great many explanations and or excuses. one of them is, you know, he had a difficult childhood. feet tall alcohol syndrome. his mother abandoned him and so forth. he has expressed some remorse. he has apologized for what he did. said he was struggling with gender identity issues.

how much of that do you think the judge will consider and how much influence might that have? >> under the law she is required not only to consider the aggravating circumstances but anything the defense puts forward. she's a human being. she will weigh whether there is some truth or believability in that or any weight to that. so, any lawful sentence that she would give would be between zero punishment and 90 years. denise is a very good judge so she will do the right thing. gregg: yeah. often times judges use their sentencing to set an example and to send a message. might there be a message that's sent here to others including ed snowdens? >> what is interesting, gregg, about the military justice system, and i'm a judge, you say to the accused, accused and counsel please rise, you announce the sentence, 50 years, whatever, and announce of appellate rights and walk off

the bench. you don't explain reasoning for your sentence. the message will be in the numbers of years he is sentenced to and message broadly, if you're a criminal, which he is, he is not a whistle-blower, and you violate the law, you're going to get punished severely and he will suffer severe punishment for his crimes. gregg: all right. that is the message. one wonders if ed snowden and other potential ed snowed ins of the world may pay attention to that cully stimson. thanks very much. >> thanks. martha: they are asking for leniency of an american sold convicted of killing more than a dozen villages in afghanistan. we all remember this awful story. sergeant robert bales pleaded guilty in june to killing 16 afghanis in an early morning attack last year. during the sentencing hear i which happened yesterday, a five-year-old boy described the horror as bales killed his father right before his own

eyes. two more villagers are expected to speak at the court-martial today. staff sergeant bales faces life in prison. to syria now where activists and rebel groups say the forces have carried out a nerve gas attack near the country's capital, killing hundreds of people. the regime denies those claims. the heavy shelling coming as a team of u.n. inspectors investigates reports that both sides have enbeiged in chemical warfare here. leland vittert live in the middle east bureau. leland is there proof there has been a gas attack that has been going on? >> reporter: so far, martha, all we have is the words of the rebels and videos they have uploaded, namely to youtube. some of the videos we can show you. some of them are horrific. others there is just no word in the english language to describe how awful they are to watch. they do though show countless

bodies, many of them children in agony or dead with no apparent wounds, which would certainly lead one to believe that there was a chemical attack in the area. a number about other people were foaming at the mouth and receiving care for respiratory symptoms. the rebels claim upwards of one thousand people have been killed. we have no way to be able to independently verify those numbers. so far the syrian regime calls these claims baseless. it comes at an unusual time while a u.n. team is there to investigate claims of both sides of chemical weapons attacks. what the veracity of these claims based on timing too early to tell, martha. martha: a frightening and horrible situation playing out in syria now. we know that president obama has said the use of chemical weapons would be a red line. the syrian government has in the past used them. does this attack today, do we think change anything back here at home in the united states in washington? >> reporter: well, the video that we're seeing today es is a few orders of magnitude worse

than the video we've seen in the past and when the syrians did cross that red line president obama put down that was justification he said for the u.s. beginning to arm the syrian rebels but that has proven a little bit easier said than done as many of the best fighters, battle-hardened veterans of the syrian war are members of a group called the al-nusra front, an al qaeda group the u.s. is very wary giving syrians weapons, weapons that could make a difference to those folks. going forward the u.s. is trying to walk the very fine line of how to get involved, help the rebels without helping the wrong people. general dempsey, the chairman of the joint chiefs spoke to that in a couple days ago in a letter. what this means today as this video comes out and more news will come out about these attacks, still yet to be seen what it means for u.s. foreign policy towards syria. martha? martha: big, big question. leland, thank you so much. so both sides of course have been accusing each other of using chemical weapons as you just heard leland talking about

over the course of the last few months. let's look how we got here. it began in mid-march. syrian state tv and rebel forces blamed each other for a poison attack that reportedly left more than 30 people dead. later an activist network claimed two people died from chemical warfare. internet footage of three people killed on april the 19th showed symptoms of nerve gas. at the end. month witnesses report ad helicopter dropped canisters full of poisonous gas on the town bee hoaxer that one person according to these reports, again the numbers are so difficult to nail down in syria because it is so hard to get in there to verify, that is what the timeline we've seen in the recent months. gregg: fox news alert. this man, major nidal hasan, the fort hood shooter, who killed 13 people and wounded so many others has rested without calling himself to the witness stand and without calling any

witnesses on behalf of the defense. now we had told you earlier that the prosecution had rested their cases. they called dozens and dozens of witnesses to say this man was the shooter that terrible day. he admitted it during opening statements. the prosecution rested. the defense has now, he is representing himself, mind you, has rested as well without calling any witnesses. he has chosen not to take the witness stand. the judge had said earlier if you do, i won't allow to you simply give a narrative. you must ask questions of yourself and then answer them. that of course would have opened him up to cross-examination by prosecutors. so he has chosen not to testify in his own behalf. and he is not calling any other witnesses. he had only a couple of people on his witness list. so the defense has rested. it will now move forward to closing arguments in the case. martha: long wait.

we'll see what happens. in the meantime in egypt christians are under attack. the muslim brotherhood has targeted churches, 20 churches by some counts. more than that by other counts. people's homes, businesses, marked them for destruction. hung islamic flags over the top of churches. the backlash against christians is growing in this part of the world. rich lowery said they have not seen anything like this since the middle ages. we'll talk to him coming up. gregg: also why a top republican lawmaker is calling the obama administration's benghazi investigation just a charade. congressman darrell issa is with us to explain. martha: saddest story today here at home as police say that this baseball player was shot and killed for fun and out of boredom. how does this happen in the united states of america? >> there's a lady here and she is giving him cpr.

>> has he stopped breathing? >> has he stopped breathing? >> yes. yes, he has. finally here, finally here's some police.

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gregg: well some really bad news for small business owners in california. the state government doing an about-face on big tax breaks for investors. five years ago anybody opening certain small businesses was eligible for the tax cuts but in december a court ruled the practice is unconstitutional. now the state wants them to pay five years worth of back taxes to the tune of $120 million. some small businesses now finding themselves slapped with huge tax bills, as big as $200,000. martha: well it could be the worst assault on christians since the middle ages. christians now under attack as

egypt slips closer to civil war. muslim brotherhood supporters stepping up assault on christians, their churches, their homes, their businesses throughout the country. the best number out there seems to be that 38 churches have been burned across the country. 23 have been damaged. dozens of homes and businesses as i said have been burned. they have desecrated graves. we have walid phares, middle east terrorism analyst and rough loyerry, editor of "national review" and fox news contributor. welcome to both of you. we talk so much about what is going on in egypt but when you read deeper of the stories of priests and nuns at these churches living in absolute terror. who felt under the prior regime they had some kind of protection and these churches where they have been holding masses for hundreds and hundreds of years, which now for the very first time in their history have no

masses anymore. there's a very large implication to what's happening here, rich, is there not? >> yes, it is heartbreaking and extremely disturbing. a lot of the church burnings started on august 14th, the day the military cam cracked down on the muslim brotherhood encampments but violence rolled in days following that. one columnist i wrote to said reminds what happened in egypt in 1321 when there was a similar wave of church burnings that really signaled the start of century's-long persecution of coptic christians in egypt which took the population roughly somewhere less than half of the egyptian population to its current 10%. what we may be witnessing here is the start of the complete uprooting of coptic christians in egypt where eventually they will basically be none left. martha: that's the goal, walid, is it not, of the muslim brotherhood, to eradicate all christianity from this area? >> well the jihaddists said it

very clearly. allies of the brotherhood and salafists and many elements of brotherhood seen on youtube making the threats. the problem is the sheer size of the drama. coptics are minority in egypt but there are 12 million. there are more coptics living in vie row than palestinians living in. they have 61 total churches and centers. when you terrorize the cops from going to their centers what they will think about is leaving the country. it is indirect form of ethnic cleansing against the christian community in egypt. martha: rich, there's a perception in some of what you read that while, this is a civil war and christians have come down on the side of the military and the muslim brotherhood is on the other side so this really isn't religious in nature but that they sided with the wrong

folks. the president mentioned of churches very briefly, you called it pair threat call phrase, a three-word phrase in his speech the other day. our thoughts on that. >> the coptics christians sided with the latest revolution against muslim brotherhood rule but they weren't the decisive force. again they're about 10% of the country. it was a booed based movement but the muslim brotherhood propaganda very similar to anti-semetic tick propaganda. portrays christians as foreign, secret hand in the country controlling anything and whips up this hysteria. what is very disturbing, martha, not just muslim brotherhood gangs going from church to church, it is local neighbors embedded in the communities lashing out like this. how you repair that kind of hatred after an event like this is a very fraught question. martha: we have breaking news. we'll continue this discussion. thank you so much. >> thank you. >> thank you. gregg: 35 years behind bars.

that is the sentence just moments ago handed down by colonel denise lindh to this man, bradley manning, the u.s. soldier convicted of the biggest breach of classified data in the nation's history. 700,000 classified files, battlefield video, diplomatic cables. it was transferred and downloaded into wikileaks. he was convicted of 20 charges including espionage and theft. though not convicted of aiding the enemy. now he could have faced 90 years behind bars. prosecutors wanted at least 60. the defense was pleading for mercy saying, 25 years. the judge in the end, colonel denise lindh announcing 35 years behind bars. he does get credit for basically 3 1/2 years that he has already served. 1294 days. so 35 years is the sentence for bradley manning. martha: he could be out in a little over ten years.

this has to be a good outcome for the defense. we'll talk about this when we come back after a quick break. gregg: also honorably, also dishonorably discharged i should say. we'll have more on this in just a moment. stick with us. [ male announcer ] when your favorite food starts a fight, fight back fast with tums. trusted heartburn relief that goes to work in seconds. nothing works faster. ♪ tum, tum tum tum tums!

gregg: bradley manning, the 25-year-old convicted of the biggest breach of national security document in american history gets 35 years behind bars. let's go to peter doocy outside the courthouse. the peter? >> reporter: and, gregg, the proceedings this morning were short and sweet. the judge, the army colonel denise lind, walked in. she said court is now in session. she addressed private manning, private first class manning. the first thing she did, she

downgraded the private first class to private e-1. she told him he is dishonorably discharged. he will have to forfeit all his allahnesses and pay. -- allowances and pay. he will do 35 years in jail. the exact number was with credit of 1294 days. from where most of the press was sitting it was impossible to see manning's reaction. we know he did not say anything. that was it. we know the, maximum possible sentence was 90 years according to the judge. the u.s. government said they wanted at least 60 years. they wanted him in jail until he was 85. his defense team said they thought 25 was fair because they thought he was a whistle-blower. 35 years, gregg, will put him in jail until he is about 60 years old which will allow him in theory to get out at some point. he said he wanted to go to college. might not be time for that but he will do now, at the most, 35

years. he is eligible for parole after one-third of that sentence is complete. back to you. gregg: peter doocy, thanks very much. so, you know, you're right, martha, when you point out he will be how old? martha: he is 25 now. they reduced bit three years. it is a 33 year sentence. if he is eligible for parole in 10 years, it is possible if he got paroled in 10 years he could be out by the time he is, you know, in early to mid 30s, which i think will come as a big surprise to a lot of people if he indeed get as chance at parole. i don't know what do you think the chances of that are? gregg: i think they're pretty good, especially when you consider that you he does have, what are known as mitigating circumstances with the defense argued a difficult childhood. he was abused. he also has, certain psychological issues. he has, his attorney said is gay. he has gender identity issues. he was not fit for duty.

all of these things were argued as mitigating circumstances. they can also be used during parole. martha: shortly after he was deployed he began this process of leaking hundreds of thousands of sensitive documents on the iraq war and afghanistan war, taking it into his own hands, he felt it would be helpful to people if this stuff got out because he thought the war was wrong. he started this process within a very short time after being deployed in the military. you have to ask what kind of deterrent this sort of sentence is for anyone else who who wanto carry out this kind of act? very, very serious crime that has been committed here and -- gregg: he did apologize. martha: you mentioned he apologized. showed remorse. he claimed that it had to do with his own personal background to a great extent and he wants to have a positive life going forward. very interesting. gregg: more after the break. martha: indeed we will. also this morning growing questions about the shocking murder of a young college student, a baseball player in oklahoma who went out for a run

and was gunned down, because his killers say, they were bored that afternoon. the senseless death has sparked so much outrage in oklahoma, and across this nation as well as in australia. we're going to talk about it coming up. gregg: new fallout from the benghazi terror attack as four state department employees placed on administrative leave after the assault, they're now heading back to work. we'll be talking to house oversight committee chairman darrell issa in just a moment about why he is calling the department's effort to find justice for the victims, just a pr stunt. >> why is my son dead? when they were supposedly watching all this in real time. my son is dead. then hours later the seals got it. i don't understand why the government is doing that to its people. love, warmth. here, try this. mm, ok! ching! i like the fact that there's lots of different tastes going on.

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gregg: 35 years behind bars. that is the sentence for this man, bradley manning, the u.s. soldier convicted of leaking classified data, one of the biggest leaks in american history. 700,000 classified files and battlefield video and diplomatic cables, that were leaked by this 25-year-old low-level intelligence officer who was serving at the time in iraq. he could have done 90 years. prosecutors wanted 60 years.

instead the judge, colonel denise lind, sentenced him to 35 years but under military rules, he could be paroled after serving only one-third of that time. he also gets credit for 3 1/2 years time already served. let's turn now to lis wiehl, former federal prosecutor. lis, if the bought wanted to send a message to other potential leakers out there, the ed snowed ins of the world -- snowdens of the world, not much of a message here. he could be out when he is 33 years old. >> this is not much of a message. i'm not surprised being acquitted of most serious counts, aiding and abetting the enemy. very hard to prove, gregg. what the government had to prove, when he communicated these messages to wikipedia, wikileaks, he knew what they were going to do. he knew they were going to go to the enemy.

that the enemy would somehow get these messages and profit from those. that is a very hard burden for the prosecution to meet. gregg: let's go to cully stimson, who rejoins us once again, attorney by profession. served in the defense department. officer in the jag corps. you're also a judge. what is your reaction to this judge's 35 year sentence, but he could be out only serving a third of that time? >> yeah, i know this notion that he is only going to serve a third of his time is out there. that is just incorrect. when you're sentenced to a sentence in a general court-martial, you get 10 days of good time credit per month at most. there is no parole in the federal system. certainly not in the military. so he will serve two thirds at least of that sentence. he will get credit for time served for the last couple three years he has been in jail and 1112 days add on, for pretrial confinement. he will serve at least two third depending on his good behavior. to lis's point, where as in the

civilian sector you see long sentences for all sorts of conduct, misconduct, crime, 100 years to life, 300 years to life, 90 years, in the military justice system, contrary to what people normally would believe, sentences are relatively lighter compared to their civilian counterparts. if this case had gone before a federal article iii court, the sentence easily could have been a lot higher than sentenced in the military court. >> the problem with that, i agree with you in the sense military versus federal tribunals, the thing is, most serious charges, aiding and abetting, that is where prosecution, whether in military tribunal or federal article iii would be problematic. gregg: would have carried a life sentence if it was aiding and abetting. it wasn't espionage. it was theft and so forth. thank you for jumping in quickly with your thoughts. we appreciate it. cully stimson, lis wiehl.

martha: we want to go now to congressman darrell issa who is one of the lawmakers who is leading the charge for answers on benghazi. he is the chairman of the house oversight and government reform committee. and he joins us now. congressman, good morning. good to have you with us today. >> good morning, martha. hello from my old hometown of cleveland. i'm back here visiting family. martha: good for you. good to have you with us today. before we jump into the benghazi issue, i want to get your thoughts on the sentence for private bradley manning, what do you think of it? >> if he serves entire time and or nearly the entire time, probably for a young man, clearly not only misguided but perhaps mentally less than all there might be fair. the real question is, what have we done to make sure it doesn't happen again? you know, wikileaks and follow-on leaks and a pattern of people thinking they should go to the press, rather than go to congress or their inspector general, is a problem and it's a problem where american lives get

lost when this kind of information gets leaked and no 23-year-old, 22-year-old at the time really has the knowledge to know what is going to get somebody killed and what isn't. he certainly leaked a lot of information that could now and in the future hurt american capabilities around the world. martha: it raises questions about whether or not somebody of that age, as you point out or that experience, should have access to the kind of documents that he did have access to and the ability to leak them. a lot of questions raised by all of this. let's move to benghazi for a moment, congressman because, you know, there's news this week was that john kerry reinstated four state department employees who had been suspended from their work in the state department because of their possible involvement in the benghazi case. what do you think about this? and the big question, is there an investigation going on into what happened in benghazi? >> well, martha, our investigation continues. we're issuing subpoenas. we are reviewing documents.

right now we're having an interesting argument where the state department is trying to say that documents they have already provided to us, they want to up-classify. they were unclassified. now they want to, because we've asked to release some of them, they want to make them classified when in fact they were e-mailed over unclassified networks. there's clearly still a cover-up in the state department going on. but you know the way you characterize secretary kerry did, i think has to be recharacterized. these people never lost a day's pay. they were, quote, on administrative leave and they have now been fully reinstated which means, absolutely nobody has been held accountable. i repeat, nobody has been held accountable for four americans dieing. the accountability review board only managed to find four people to use as scapegoats. they may have had some responsibility but they certainly were not the highest level people who had responsibility and that's where our investigation continues, to make sure that at least the

american people understand that higher ranking people in several branches, all the way to the secretary's office at the time bear some real responsibility. martha: you know, the big question with benghazi, as you well know, what happened before when the complaints were made and requests were made for additional security and what happened during, who did this, who carried out this act, and then what happened after. and it seems that there is, you know, little or no new information. and you know, you get all kind of feedback on this, oh, it is over. john kerry seems to want to tie this up with a bow and push it off to the side and mark it, done business. some speculate, including charles krauthamer as a bit of a favor to hillary clinton. >> will, if he can wrap this up, it does help former secretary clinton but i think the important thing, martha, is that they, the people they held accountable are now back on the job. the people who were their bosses, quite frankly, have

never been held accountable. so as long as undersecretary kennedy and many other people who reported directly to secretary clinton are essentially given a pass on any responsibility, then in fact i don't believe we're going to be safe and measured around the world. but i think your middle point is very important too. what will be the response if something like this happens again? will we have a secretary of state who prevents or in some way fails to insist that the military come to the aid of these men and women in harm's way immediately? it doesn't appear as though that happened on day one in those nine hours. and of course, you mentioned, the cover-up, the false statement, the knowing false statement that was perpetrated against american people for about a week and even beyond, all the way to october 10th when the president was saying in a debate that somehow he had already said on the very next day it was an act of terror when

in fact nothing could be further from the truth. the president allowed the american people to be misled to think this was some sort of a video rather than a planned terrorist attack on september 11th. martha: i'm sorry to jump. we lost some time with breaking news. we thank you as always. >> thank you, mart that. >> international outrage after the murder of an australian jogger. where is the public outrage here at home? we'll talk about with our panel next. >> personally hand-picked qualities for the perfect person, i think he would be the outcome that you would find.

gregg: boredom said to be the motive in the fatal shooting of a college baseball player in what has become an international incident now. police in duncan, oklahoma, say these three teenagers admittedly, randomly targeted

the jogger, chris lane. lane is an australian citizen. he was visiting his girlfriend here in the states, yet there is little outrage from the usual public figures including civil rights activists despite the vicious nature of the crime. >> i'm appalled at the behavior of these three children. i think it is something that this community can certainly do without. i know the entire community is upset, disappointed to see something like this happen here. gregg: richard fowler joins us, host of the richard fowler show. michael graham, joins us, talk show host on "boston herald" radio. gentlemen, get to see you both. michael, in particular civil rights leaders whose silence is deafening, hit the critical in that silence? >> would i like to think when a crime is committed all that matters is who committed the crime, period, what did they do. but we learned tragically during the trayvon martin-george zimmerman case, that is

completely irrelevant. what happens doesn't matter. what matters is what the people who did it look like. that has some americans puzzled. they saw a case that seemed simply involve a struggle, a fight, whatever, suddenly was a black-white case. here's another case where the three black shooters target ad white guy to just gun him down. this was the fantasy that was created around the trayvon martin case in real life. where is the media coverage? where is the conversation? gregg: richard, maybe this case had nothing to do with race, but, if the she suspected killers were white and victim here were black, wouldn't al sharpton, and jesse jackson and other civil rights activists be out there expressing their outrage and yet they're not? >> well, gregg, i wouldn't go that far. how i see it is, one thank about the trayvon martin case and this case, two young men died before their prime. i think that is why we continue to see gun rights folks say we need to solve, we need more gun control this country to stop innocent deaths like think, we

don't know, anything, richard, how they acquired the gun. it is missing right now. we don't know whether this is even remotely related to the second amendment. >> i think with the fact we have guns in wide proliferation. oklahoma is, you know, gun-friendly stated, i mean guns get in the wrong hands of the wrong people. that is why we need more gun control in this country. gregg: michael, the trayvon martin case, police, prosecutors, the fbi, even the victim's own mother, said race played know role in it. that stint stop sharpton and other claims that it did. even the president connected this case to race. which may have prompted the tweet now from congressman, former congressman alan west. we'll put it up on the screen. he tweeted this in light of this thrill kill case. we were board and decided to kill somebody, three black teenagers shoot white jogger. who will potus, president of the

united states identify with this time? fair point? >> president obama made a -- richard make as fair point. if he have debate about the right gun laws, he and i might disagree, that is a rational conversation comes from the incident. what happened to the trayvon martin case poisoned the attitude of many americans the way crime is treated. we were told from the president, to ther attorney general, they're still considering ways to prosecute george zimmerman who everybody agrees had not a racist bone if his body, they're still trying to find ways to prosecute him. >> i don't know about that one. i mean i don't know -- >> everybody around george zimmerman, he had -- >> of course everybody around george said he doesn't have a raisist body. when you're on the phone, these people get away with it, we need to stop them, we know what george zimmerman was referring to. >> per rough v.ian american coalition. he has black members of his

family. people in the black community in sanford said the guy doesn't have a race problem. race was dragged into this by political opportunist. they're paying price because people in oklahoma where are you now? al sharpton earned this shame. he should be ashamed. gregg: we have to leave it at that. richard fowler, michael graham, good to he sue both. thanks so much. >> thanks, gregg. gregg: take care. martha: a piece of cold war history is now opening for the public. the government declassifying a top secret tunnel vault that served as the original stockpile for nuclear material. fascinating. a live report from that bunker coming up. ♪ so then the little tiny chipmunks go all the way up...

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martha: you're going to like this. an intriguing look, hidden deep inside the canyons of los alamos, new mexico, is a secret tunnel where nuclear bomb parts were stockpiled during the cold war. for the first time the government is opening up that vault and will carr has had a chance to take a look at this site. he joins us now. hi, will. >> reporter: hi, martha. this is the first time anybody's been live in this location. back during the cold war this is a place people knew not to ask that many questions about. take a look, when this garage door goes up, the tunnel runs under the city of los alamos. for years this housed some of the nation's top nuclear secrets tucked away, buried 250 feet below a fast-food restaurant. a secret tunnel. >> underneath a mac mack's. >> we're underneath mcdonald's. we really are. this is constantly alarmed and a guard force protecting this

facility. early on there was a feeling by the community that was here there was something going on down here in the canyon. >> reporter: but nobody knew exactly what it was. carved into the side of a canyon next to the los alamos national laboratory, a facility throughouted in secrecy. this is where the first nuclear weapons were designed as part of the manhattan project during the second world war. during the start of the cold war the tunnel was built to help protect national security. >> it was used to store special nuclear materials. it actually supported the nuclear weapons stockpile during the late '40s and early '50s. this passageway, you could take a panel truck and drive down here to the bank vault. >> reporter: inside that vault are actually five more vaults. in the vaults are where they stored cores for the nuclear weapons. but the nuclear weapons are no longer tested in the united states. the tunnel was declassified late last year. >> i think your average person is really fascinated by the tunnel, mostly because it goes back to that cold war history.

>> reporter: at love people in town tell us they want to com check out the cold war history. right now it is not open to the public. there are specialized tours when they try to figure out exactly what to do with this tunnel in the future. martha, back to you. martha: boy, so interesting about all the people who knew that something was going on there. now some of those questions have been answered for them. will, thank you. interesting piece. thanks, will. gregg: there is a new report that says the nsa could know even more about you than we ever thought before. so just how wide is its reach? should we have any expectation of privacy anymore in anything? cyber security expert morgan wright weighs in. every day we're working to be an even better company -

and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger. martha: a lot going on today. people city thinking and talking a lot about about this bradley manning verdict and whether or not it will act as a real deterrent for anybody doing the same thing again who has access